Understanding the different types of alimony that are recognized under New Jersey law is important for all spouses considering divorce. For more information, schedule your free case evaluation with a Morris County, NJ alimony and spousal support lawyer today.
What is Alimony?
Alimony is a form of financial support provided by one spouse to the other during and after their divorce. Also referred to as spousal support or maintenance, alimony is designed to help a lower-earning spouse maintain financial stability and transition into their new life without facing undue hardship.
A court may require alimony if one spouse makes significantly more than the other, the supported spouse made financial or other sacrifices for the relationship, or to help them while they attempt to find work or a higher-paying job. Depending on the details and circumstances of the marriage and divorce, New Jersey courts are authorized to impose one or more of several types of alimony.
What Types of Alimony Are Recognized in NJ?
If you are getting a divorce in New Jersey, it is important that you are informed about all of your rights, including whether you will pay or receive alimony. Below are the types of alimony recognized under NJ 2A:34-23.
- Pendente lite: Pendente lite is a type of financial support required for spouses during the separation or divorce process. It allows a lower-earning spouse to maintain their lifestyle and afford legal representation during the divorce process, but it is terminated as soon as the marriage is officially over.
- Limited duration alimony: Limited duration alimony is support that is paid for a specific amount of time and is designed to help a spouse who was previously financially supported become independent.
- Open durational alimony: This type of spousal support was once referred to as “permanent” alimony. When a court orders open durational alimony, it has no end date and can continue for the rest of either spouse’s life. Marriages that last for 20 or more years are eligible for open durational alimony as it exists for spouses who are unlikely to become fully self-reliant.
- Rehabilitative alimony: Rehabilitative alimony is exactly as it sounds: financial support that rehabilitates a spouse as they re-enter the workforce. It provides them with the ability to obtain the necessary tools to become financially independent, like attending higher education, training, and covering household expenses while they work towards their goal. Rehabilitative alimony is set by the court for a specific period of time.
- Reimbursement alimony: This type of alimony acts as a way to repay one spouse for contributions that they made to the marriage or their spouse. For example, suppose one spouse paid for the other’s higher education, which in turn earned them a higher income. During the divorce, the spouse who supported the other can be reimbursed for the money or time they sacrificed.
If you are seeking alimony during your divorce, it is important that you understand all of your rights and the legal options available to you. For more information, reach out to a skilled attorney at Townsend, Tomaio, Newmark & Clancy, LLC today.
